Tesla driver enters not guilty plea in fatal Highway 1 bike crash

SANTA CRUZ -- A Santa Cruz County Superior Court judge Friday chose not to set bail for a 63-year-old Telsa driver charged with misdemeanor vehicular manslaughter in the death of a cyclist.

Attorney Peter Leeming entered a not guilty plea on behalf of Navindra Kumar Jain, of Bonny Doon, who was not in court.

On Nov. 2, Jain was behind the wheel of a 2013 Tesla S when he fatally struck Joshua Alper, 40.

According to a California Highway Patrol report, Jain apparently passed out at the wheel.

Prosecutor Greg Peinado asked Santa Cruz County Superior Court Judge Stephen Siegel to set bail at $25,000. Since there is no typical bail amount for misdemeanor vehicular manslaughter, Peinado asked for $25,000, half the amount for a felony vehicular manslaughter charge.

But Jain's attorney argued otherwise, saying there were no drugs or alcohol involved in the collision,
"By all accounts, this is a very, very unfortunate accident," Leeming said in court.

Siegel ultimately chose not to impose a bail amount on Jain, saying that he was not a danger to the community.

"As long as the individual does not operate a motor vehicle, I'm not concerned about the community's safety," Siegel said.

The case is set for a pretrial discussion March 27 where the attorneys and judge will meet to review the case.

"I can tell you we'll talk about the case and take the next step which potentially could be setting it for trial," Peinado said.

If convicted, Jain faces up to a year in jail, Peinado said.

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Alper's parents were in court for the arraignment and listened intently throughout the proceedings.

Alper's family also filed a civil suit against Jain as well as the Palo Alto-based Tesla Motor Co. that alleges Jain carelessly and negligently drove into Alper.
"We will never get over it," said Alper's mother, Marsha, outside of court.

Marsha Alper said a foundation was started in memory of Alper. Donations from the Joshua Alper-Marines Foundation will go to areas of interest Alper had, such as scholarships, arts, the bicycling community and helping the homeless, his mother said.